Your Austrian purchase is to be completed without the existing bank mortgage. Shortly before the scheduled payment, however, the redemption statement shows a higher requirement than the available purchase price. The seller's side states that the remainder will be discussed with the bank later. For you it is now crucial whether the contractually envisaged acquisition can still be carried out under actually secured conditions.
This article does not calculate a seller discharge. It deals with your buyer decision before a payment and does not confirm any claim to a release against a specific partial amount.
Determine the correct subject of the release
Our editorial recommendation: Have the current bank statement assigned to the specific mortgage and the actually purchased parcels or shares. What is needed is the release of your object of acquisition, not just a general statement about the seller’s loan account.
The official definition describes release from encumbrances as deletion of registered liens and mortgages. [FREISTELLUNG] Which encumbrances are actually to be removed or expressly assumed in the purchase must fit the specific contract. A blanket promise “without debts” does not replace this allocation.
Compare the redemption amount and available settlement funds
Have the claim confirmed for the intended time, any further settlement items and the funds actually available for them brought together. The amount read in the land register is not to be treated as a current bank clearance. A previously superseded statement is also not a confirmation of the present settlement.
If a gap is visible, ask which concretely proven solution is intended. An additional payment by the seller or an expressly confirmed alternative release arrangement must be coordinated professionally with all relevant parties. This article does not declare any of these options to be already present or enforceable.
Link payment and documentary removal
§469 ABGB deals with the connection between debt repayment and lien and with the documentary removal of the mortgage. [HYPOTHEK] For purchase preparation this means: The intended transfer of funds and the required land register step must be explained together. A transferred partial payment will not be independently renamed as a secured release.
§32 GBG contains requirements for the private documents referred to there concerning exact designation and the express consent of the affected entitled person. [URKUNDE] Have it examined which usable release documents are actually available under which conditions. This article does not draw up a deletion consent and does not generally declare an informal bank message to be sufficient.
Do not tacitly assume the gap
If you are offered to make an additional own payment, that is a new financial and contractual question. Have it explained how it would affect your agreed consideration and the acquisition. The seller’s internal expectation does not automatically become the increase owed by you.
Also present the changed situation to your financing institution. An alternative use of funds must not arise unchecked alongside the existing disbursement and security prerequisites. Your full budget remains required in any case; a clarified bank release would still not be a statement about your personal affordability.
Hypothetical case: A release is only expected later
A buyer is to pay the agreed price. The envisaged settlement, however, still names no proven solution for the difference to the bank redemption. The seller refers to a announced conversation and asks to remain on the previous timetable nevertheless.
The buyer now has the concrete release solution and the corresponding payment status examined. Only a professionally confirmed procedure replaces the open item in his overview. The case does not order an autonomous stoppage of payment or contract rescission. It shows why an unresolved excess of encumbrances affects an essential acquisition prerequisite and is not merely a later private residual debt of the seller.